221696P.pdf   03/28/2023  United States  v.  Jonathan Wells
   U.S. Court of Appeals Case No:  22-1696
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Smith, Author, with Wollman and Loken, Circuit Judges] 
   Criminal case - Sentencing. Assuming without deciding that the 
   government's comments at sentencing breached the plea agreement by 
   mentioning that no evidence existed either way as to distribution of the 
   child pornography images and by mentioning the existence of bit-torrent 
   software on defendant's computer, the government emphasized that the 
   evidence was neutral and that it made this argument in response to 
   defendant's argument for a downward variance; further, the two-level 
   reduction sought by the plea agreement was granted, and defendant was 
   sentenced, as expected, within the resulting advisory guidelines range; as 
   a result, if the district court erred in not finding an actual breach of 
   the plea agreement, the error was not plain and did not, in any event, 
   affect defendant's substantial rights.